House Bill 1293

AN ACT TO CREATE THE PRIVATE SECURITY AND LICENSING LAW; TO
DEFINE CERTAIN TERMS; TO CREATE THE MISSISSIPPI STATE BOARD OF PRIVATE SECURITY
EXAMINERS AND PRESCRIBE ITS DUTIES AND POWERS; TO PROVIDE FOR THE POSITION OF
EXECUTIVE DIRECTOR OF THE BOARD; TO PRESCRIBE LICENSING QUALIFICATIONS; TO
PROVIDE FOR INVESTIGATIONS OF APPLICANTS; TO PROVIDE FOR EXAMINATION OF
APPLICANTS; TO PROVIDE FOR LICENSING APPROVAL AND DENIAL PROCEDURES; TO PROVIDE
FOR A LICENSE FORM; TO REQUIRE THE POSTING OF LICENSES; TO REQUIRE NOTIFICATION
OF CHANGES; TO PROVIDE FOR OFFICER REGISTRANT CARDS AND QUALIFICATIONS AND
PROCEDURES THEREFOR; TO REQUIRE TRAINING OF OFFICERS; TO REQUIRE WEAPONS
PERMITS; TO PRESCRIBE A SCHEDULE OF FEES; TO PROVIDE FOR THE RENEWAL OF
LICENSES; TO PROVIDE FOR RECIPROCITY; TO PROVIDE CAUSES FOR NONISSUANCE,
SUSPENSION, REVOCATION OR RESTRICTIONS ON LICENSES; TO REGULATE THE USE OF
INSIGNIAS, MARKINGS AND CLOTHING; TO PRESCRIBE UNLAWFUL ACTS; TO PROVIDE
PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROVIDE FOR CEASE AND DESIST ORDERS
AND INJUNCTIVE RELIEF; TO RECREATE THE MISSISSIPPI STATE BOARD OF PRIVATE
SECURITY EXAMINERS FUND AND PROVIDE FOR ITS ADMINISTRATION; TO PROVIDE
EXEMPTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The
Legislature of Mississippi declares that it is necessary to require the
licensure of private security officers and businesses to be in the best
interest of the citizens of this state.

(2) The purpose of this act is to require qualifying criteria in a
presently unregulated professional field in which unqualified individuals may
injure the public. The requirements of this act will contribute to the
safety, health and welfare of the people of Mississippi.

SECTION 2. This act shall
be known and may be cited as the "Private Security Regulatory and
Licensing Law."

SECTION 3. (1) As
used in this act, the following terms shall have the following meanings
ascribed to them:

(a) "Applicant" means a person who seeks to be examined for
licensure registration or certification by the board.

(b) "Board" means the Mississippi State Board of Private
Security Examiners, an office in the Department of Public Safety.

(c) "Certified trainer" means any person approved and certified
by the board as qualified to administer and certify the successful completion
of the required minimum training requirements for security officers.

(d) "Contract security company" means any person engaging in
the business of providing, or which undertakes to provide, a security officer
on a contractual basis for another person.

(i) "Principal corporate officer" means the president, vice
president, treasurer, secretary or comptroller or any other person who performs
functions for the corporation corresponding to those performed by the foregoing
officers.

(j) "Registrant" means an individual who holds a valid
registration card issued by the board to be a private security officer.

(k) "Registration card" means the identification card issued by
the board to a registrant as evidence that the registrant has met the required
minimum qualifications to perform the duties of a security officer.

(l) "Security officer" means an individual who is principally
employed by a contract security company, whether armed or unarmed, to protect a
person or persons or property, or both, and whose duties include, but are not
limited to, the following:

(i) Prevention of unlawful intrusion or entry.

(ii) Prevention of larceny.

(iii) Prevention of vandalism.

(iv) Protection of property or person.

(v) Prevention of abuse.

(vi) Prevention of arson.

(vii) Prevention of trespass on private property.

(viii) Control, regulation, or direction of the flow or movements of the
public, except on public streets, whether by vehicle, on foot or otherwise.

(ix) Street patrol service or merchant patrol service, which is any
contract security company that utilizes foot patrols, motor vehicles, or any
other means of transportation in public areas or on public thoroughfares in the
performance of its security functions.

(2) An armed security officer is an individual whose principal duty is
that of an armed security officer, and who at any time wears, carries,
possesses, or has access to a firearm in the performance of his duties.
Unarmed persons whose duties are limited to custodial duties or the reporting
of administrative regulations only and who do not wear an officer uniform are
specifically excluded from this definition.

(3) The board by rule may define terms in the regulation and licensing of
private security officers only pursuant to and consistent with the provisions
of this act.

SECTION 4. (1) The
Mississippi State Board of Private Security Examiners is hereby created as an
office of the state government in the Department of Public Safety.

(2) The board shall consist of seven (7) members as follows: four (4) members shall be appointed by the
Governor, one (1) member shall be appointed by the Lieutenant Governor, one (1)
member shall be appointed by the Speaker of the House of Representatives and
one (1) member shall be appointed by the Mississippi Law Enforcement Officers
Standards and Training Board. Each member shall be a citizen of the
United States of America, a resident of Mississippi, at least thirty (30) years
of age, and, with the exception of the member appointed by the Mississippi Law
Enforcement Officers Standards and Training Board, shall have been actively
engaged in the private security business for at least five (5) years. The
initial members shall not be required to be licensed but shall obtain a license
within one hundred eighty (180) days after the effective date of this act. With the exception of the member appointed
by the Mississippi Law Enforcement Officers Standards and Training Board, each
subsequent member shall be a licensed private security officer or corporate
officer.

(3) The board shall be domiciled in Jackson, but shall be authorized to
meet elsewhere in the state.

(4) Each appointed member shall serve at the pleasure of the appointing
authority for a term concurrent with the term of office of the appointing
authority, except that each member shall serve until his successor has been
appointed and begins serving.

(5) Each appointment by the Governor shall be submitted to the Senate for
confirmation. No appointee shall serve more than two (2) consecutive
terms.

(6) In the event of death, resignation or disability of a member of the
board, the Governor shall fill the vacancy by appointing a qualified person for
the remainder of the unexpired term.

(7) Each member of the board shall receive a certificate of appointment
from the Governor, and before beginning his term of office, shall file with the
Secretary of State his written oath or affirmation for faithful discharge of
his official duty.

(8) (a) No member of the board shall receive a per diem but shall
be reimbursed for actual expenses when actually attending a meeting of the
board or any of its committees, and for time spent on behalf of the board on
official business not to exceed ten (10) days in any month.

(b) Additionally, each member shall be reimbursed for all necessary
travel and incidental, and clerical expenses incurred in carrying out the
provisions of this act and upon approval of the board as evidenced by voucher.

SECTION 5. (1) The
board shall perform the following duties:

(a) Examine all applicants desiring to be licensed as a private security
business or security officer in the State of Mississippi;

(b) Administer a written examination for prospective licensees at least
twice each year in the City of Jackson;

(c) Adopt rules and regulations to govern the practice of private
security firms and businesses in the State of Mississippi;

(d) Issue, suspend, modify, or revoke licenses or certificates to provide
private security services in the State of Mississippi;

(e) Report to the Attorney General of the State of Mississippi all
persons violating the provisions of this act;

(f) Elect a chairman and a vice chairman, each to serve two-year terms;

(g) Report annually, no later than March 1, to the Governor, the
secretary of the department and the Legislature on its activities; and

(h) Adopt its official seal.

(2) The board may perform the following duties:

(a) Adopt and enforce rules and regulations, bylaws and rules of
professional conduct as the board may deem necessary and proper to regulate
private security businesses in the State of Mississippi, to provide for the
efficient operation of the board, and otherwise to discharge its duties and
powers under this act.

(b) Prescribe and adopt regulations, standards, procedures and policies
governing the manner and conditions under which credit shall be given by the
board for participation in a program of continuing professional education such
as the board may consider necessary and appropriate to maintain the highest
standards of the private security industry in the State of Mississippi.

(c) Authorize any member of the board to make any affidavit necessary for
the issuance of any injunction or other legal process authorized under this act
or under the rules and regulations of the board.

(d) Issue subpoenas to require attendance and testimony and the
production of documents, for the purpose of enforcing the laws relative to the
private security industry and securing evidence of violations thereof.

(e) Maintain a current list of licensed private security officers.

(f) Appoint a qualified executive director.

(g) Employ clerical assistance necessary to carry out the administrative
work of the board.

(h) Employ legal counsel to carry out the provisions of this act,
provided that the fees of such counsel and the costs of all proceedings except
criminal prosecutions shall be paid by the board from its own funds.

(i) Incur all necessary and proper expenses.

(3) The chairman and executive director of the board, or in their absence
any other member of the board, may administer oaths in the taking of testimony
upon any matter appertaining to the duties and powers of the board.

(4) The board shall meet at least quarterly at regular meetings each
year. A special meeting may be held at such time and place as specified
by the executive director on call of the chairman or any four (4)
members. The executive director shall give written notice of all meetings
to the members of the board and to the interested public.

(5) Five (5) members of the board shall constitute a quorum for all
purposes, including the granting or issuance of licenses and the rulemaking and
adjudicative functions of the board.

SECTION 6. The position of
executive director of the board is hereby created. The executive director
shall be appointed by the board and shall serve as its chief
administrator. He shall not be a member of the board, but shall be a full-time
employee of the board, to be paid compensation in an amount to be determined by
the board. The office, its equipment and furnishings shall be initially
furnished by the state. The executive director shall perform such duties
as may be prescribed by the board, and shall employ such persons as he deems
necessary and fix their compensation. He shall have no financial or
business interests, contingent dealings or otherwise, in the security services
investigative business, watch, security officer or patrol agency while so
employed or for a period of five (5) years thereafter.

SECTION 7. (1) The
board shall base the determination of the satisfactory minimum qualifications
for licensing on whether or not the applicant meets the following criteria:

(a) Is of good moral character.

(b) Is of legal age.

(c) Is a citizen of the United States, or, in the case of registered
security officers, a legal resident alien.

(d) Has not been convicted in any jurisdiction of any felony or any crime
involving moral turpitude, or illegal use or possession of a dangerous weapon
for any of which a full pardon or similar relief has not been granted.

(e) Has not been declared by any court of competent jurisdiction
incompetent by reason of mental defect or disease which has not been restored.

(f) Does not suffer from habitual drunkenness or from narcotics addiction
or dependence.

(g) A corporation seeking a license shall be incorporated under the laws
of this state, or shall be duly qualified to do business within this state with
a valid certificate of authority issued by the Secretary of State, and shall
have an agent for service of process designated as required by law.

(2) If, in the opinion of the board, the applicant provides inadequate
information to allow the board to ascertain whether the applicant satisfies the
qualifications for licensing, the applicant shall be required to provide
additional information for purposes of the application, or may be required to
present himself for an interview for this purpose.

(3) An applicant for licensing shall fill out and file with the board an
application form provided by the board. The form shall require relevant
information about the applicant's character, experience and background.

(4) (a) If the applicant is an individual, the application shall be
subscribed and sworn to by such person.

(b) If the applicant is a partnership, the application shall be
subscribed and sworn to by each partner.

(c) If the applicant is a corporation, it shall be subscribed and sworn
to by at least two (2) principal corporate officers.

(d) Any individual signing a license or registration application shall
submit with the application classifiable impressions of his fingerprints on a
form approved by the board. The board shall use the impressions to
complete a fingerprint-based criminal history records investigation from the
Mississippi Department of Public Safety and the Federal Bureau of Investigation
data bases.

(5) The licensee shall be required to have in effect general liability
insurance of at least Five Hundred Thousand Dollars ($500,000.00) and shall
provide to the board a certificate of insurance issued by the carrier.

(6) Every person covered by this act within the state on the effective
date of this act shall have one hundred eighty (180) days to apply to the board
for a license to operate. Any such person filing a timely application may
continue to engage in business pending a final determination of such
application.

SECTION 8. (1)
(a) After receipt of an application for a license, the board shall
conduct an investigation to determine whether the facts set forth in the
application are true.

(b) Within sixty (60) days after receipt of an application, the board
shall either issue a license to the applicant or notify the applicant of a
denial of the license application.

(c) In the event that the board requires additional information from the
applicant to complete its investigation, or otherwise to satisfy the
requirements of this act, or if the applicant has not submitted all of the
required information, the sixty-day period for action by the board shall
commence when the board has received all such information.

(d) The board shall deny the application for a license if it finds that
the applicant, or the qualifying agent, or any of the applicant's owners,
partners or principal corporate officers have committed any of the following:

(i) Violated any of the provisions of this act or the rules and
regulations promulgated by the board;

(ii) Practiced fraud, deceit or misrepresentation;

(iii) Knowingly made a material misstatement in the application for a
license;

(iv) Failed to meet the qualification of this act; or

(v) Been convicted of a felony. The board may waive this condition
if seven (7) years have elapsed between the completion of sentence and the date
of application.

(2) The board may refuse to issue a license for good cause shown.

SECTION 9. The board shall
determine the scope, form and content of the examinations for licensure.
The examination, which shall be written, shall test the applicant's knowledge
of the private security business and his ability to apply that knowledge and to
assume responsible charge in the practice of private security.

SECTION 10. (1) The
procedure of the board in approving or denying an application shall be as
follows:

(a) If the application is approved, the board shall notify the applicant
in writing that a license will be issued.

(b) If the application is denied, the board shall notify the applicant in
writing and shall set forth the grounds for denial.

(c) (i) If the grounds for denial are subject to correction by the
applicant, the notice of denial shall so state and the applicant shall be given
ten (10) days after receipt of such notice or, upon application, a reasonable
additional period of time within which to make the required correction.

(ii) If the application is denied, the applicant, within thirty (30) days
after receipt of notice of denial from the board, may request a hearing on the
denial. Within ten (10) days after the filing of such request for hearing
by the applicant, the board shall schedule a hearing to be held after due
notice to the applicant.

(2) The board shall issue a license as a private security officer to each
applicant who meets the requirements of this act, passes satisfactorily the
examination administered by the board, and pays the required fee.

(3) An applicant or qualifying agent successfully passing the board's
examination may substitute that for the experience requirement.

(4) An applicant who fails an examination may be examined again upon
filing a new application and the payment of the reexamination fee fixed by this
act.

(5) A qualified agency or company at the time of the effective date of
this act may be licensed without an examination, upon approval of the board, if
he or it applies to the board prior to December 31, 2006. In determining
the qualifications of an applicant for licensing under this subsection, the
affirmative vote of five (5) members of the board is required.

SECTION 11. (1) The
license, when issued, shall be in a form prescribed by the board and shall
include the following:

(a) Name of the licensee;

(b) Business name under which the licensee is to operate;

(c) Addresses of the locations where the licensee is authorized to
operate; and

(d) Number and date of the license, and its date of expiration.

(2) (a) No license shall be assigned or transferred, either by
operation of law or otherwise.

(b) If a sale, assignment, transfer, merger or consolidation of a
business licensed under this act is consummated, the purchaser, assignee,
transferee, or surviving or new corporation, who is not already a licensee,
shall immediately apply for a license on a form prescribed by the board which
shall include the general information required by this act.

(c) The purchaser, assignee, transferee, or surviving or new corporation
shall be subject to the same general requirements and procedures set forth in
this act to the extent such sections are applicable, and may continue the
operation of that licensed business until notified by the board of its final
decision on the new application for a license.

(d) For good cause shown, the board may extend the period of time for
filing the application required.

SECTION 12. (1)
(a) Within seventy-two (72) hours after receipt of the license
certificate, the licensee shall cause the license certificate to be posted and
to be displayed at all times in a conspicuous place in the principal office of
the licensee within the state.

(b) Copies of the license certificate shall be displayed at all times in
any other office within the state where the licensee transacts business.

(c) Such license certificates, or copies thereof, shall be subject to
inspection at all reasonable times by the board.

(2) It shall be unlawful for any person holding such a license
certificate knowingly and willfully to post such license certificates, or
permit such license certificate to be posted, upon premises other than those
described in the license certificate, or knowingly and willfully to alter such
license certificate.

(3) (a) Each license certificate shall be surrendered to the board
within seventy-two (72) hours after it has been revoked or after the licensee
ceases to do business.

(b) If, however, the board or a court of competent jurisdiction has
pending before it any matter relating to the renewal, revocation or transfer of
a license, the licensee shall not be required to surrender the license until
the matter has been adjudicated and all appeals have been exhausted.

(c) When the licensee receives final notice that its license has been
revoked, a copy of such notice shall be displayed and posted in close proximity
to the license certificate until the licensee terminates operations.

SECTION 13. The licensee
shall notify the board within thirty (30) days of any change in its officers,
directors or material change in the information previously furnished or
required to be furnished to the board, or any occurrence which could reasonably
be expected to affect the licensee's right to a license under this act.

SECTION 14. (1)
(a) Each person who performs the functions and duties of a security
officer within this state on the effective date of this act shall have one
hundred eighty (180) days to apply to the board for a registration card.

(b) A temporary registration card may be issued by a certified trainer
pending issuance of a permanent registration card by the board. A
temporary registration card shall be valid for up to six (6) months.

(c) Individuals required to obtain a registration card under this act
shall file for a registration card and, upon completion thereof, the licensee
or registrant shall immediately forward the application to the board.

(d) (i) Every applicant for a registration card shall make and
deliver to the licensee or the board a sworn application in writing upon a form
prescribed by the board.

(ii) The board shall prescribe by rule the form for such application and
procedures for their submission, consideration and disposition, including the
fee to accompany the application.

(iii) To be eligible to apply for a registration card an individual shall
have the same qualifications required of an applicant provided in Section 7 of
this act, but may be a resident alien.

(2) Each security officer shall carry his registration card whenever such
individual is performing the duties of a security officer, and it shall be
exhibited upon request by a sworn law enforcement officer or official representative
of the board. The registration card shall entitle the registrant to
perform the duties of a security officer as long as the registrant maintains
his eligibility under the provisions of this act.

(3) The registration card shall bear an identifying number, photograph
and any other identifying data required by the board.

(4) After receipt of an application for a registration card, the board
shall conduct an investigation to determine whether the facts set forth in the
application are true. Actions by the board to approve or deny an
application for a registration card shall be the same as that action taken to
deny or approve an application for license as provided in Section 10 of this
act.

(5) (a) In the event that the board denies, suspends or revokes a
registration card, the cardholder, upon receipt of the notice of denial,
suspension or revocation, shall immediately cease to perform the duties of a
security officer, unless specifically authorized to continue work by order of
the board, or by a court of competent jurisdiction within the state.

(b) Both the cardholder and the employer shall be notified by the board
of its final action to deny, suspend or revoke a registration card.

(6) (a) Registration cards issued by the board shall be valid for a
period of two (2) years. The registrant shall be required to advise the
board of any changes in his status or permanent address during the valid
period. The cardholder shall file a registration card renewal form with
the board not less than thirty (30) days prior to the expiration of the card,
together with the fee for renewal. The renewal application shall include
a statement by the registrant that the registrant continues to meet the
qualifications for a security officer as set forth by the board. Upon the
effective date of security officer training requirements in Section 15 of this
act, the renewal application shall be accompanied by a statement from a
certified trainer that the registrant has satisfactorily completed the required
training as prescribed by the board.

(b) The board may refuse to renew a registration card, and shall promptly
notify the cardholder of its intent to refuse to renew. The cardholder,
within fifteen (15) days after receipt of such notice, may request a hearing on
such refusal, in the same manner and in accordance with the same procedure as
that provided in Section 10 of this act.

(c) A licensee or employer shall notify the board within ten (10) days
after the death or termination of employment of any of its employees who are
registrants. Licensees or employers subject to this act shall notify the
board within ten (10) days upon receipt of information relating to a
registrant's loss of eligibility to hold such a card.

(7) (a) Any individual who changes his permanent residence to this
state from any other state which the board determines has selection, training
and all other similar requirements at least equal to those required under this
act, and who holds a valid registration, commission, identification or similar
card issued by said other state through a licensee which is licensed by this
state, and who wishes to continue to be employed by said licensee, may apply
for a registration card on a form prescribed by the board upon the payment of a
transfer fee. Upon certification by said licensee that such individual
has completed the training prescribed by said state, the board shall issue the
individual a registration card.

(b) In the event that a person who holds a registration card terminates
employment with one employer and is reemployed within five (5) calendar days as
a security officer with another employer, the new employer, within seventy-two
(72) hours of such reemployment shall submit to the board a notice of the
change on a form prescribed by the board, together with a transfer fee.
The board shall then issue a new registration card reflecting the name of the
new employer.

(c) Upon receipt of that new card, the cardholder shall immediately
return the old card to the board. The holder may continue to work as a
security officer for the new employer while the board is processing the change
application. The holder of a registration card who terminates employment,
and who is not reemployed as a security officer within five (5) calendar days,
shall surrender within twenty-four (24) hours of the fifth calendar day the
registration card to the former employer. The employer shall return the
cancelled registration card to the board within five (5) business days.

(8)
A registration card shall be subject to expiration and renewal during
the period in which the holder of the card is subject to an order of
suspension.

(9)
This section shall be in force from and after January 1, 2009.

SECTION 15. (1)
(a) A security officer presently employed at the time of the effective
date of this act shall complete within one (1) year a minimum of sixteen (16)
hours training under a certified trainer as prescribed by the board.

(b) Armed security officers presently employed at the time of the
effective date of this act shall within one (1) year complete eight (8) hours
of firearms training and range qualifications in addition to the sixteen (16)
hours training required.

(c) The board shall approve all training programs.

(d) The board may accept from a certified trainer a certification that
the above training has been completed within the previous three (3) years, in
lieu of the requirement to repeat such training.

(2) (a) Any security officer employed after the effective date of
this act shall complete, within one hundred (100) days of his first work
assignment, sixteen (16) hours minimum training under a certified trainer and
successfully pass an examination on the prescribed material which shall include
the following topics:

(i) Orientation: two (2) hours;

(ii) Legal powers and limitations of a security officer: two (2)
hours;

(iii) Emergency procedures: two (2) hours; and

(iv) General duties: two (2) hours.

(b) Armed security officers shall complete eight (8) hours of firearms
training and range qualifications prior to armed work assignment. The
nature and extent of firearms training shall be adequately described, approved
and monitored by the board to include at a minimum the following:

(i) Legal limitations on use of weapons;

(ii) Handling of a weapon; and

(iii) Safety and maintenance.

(c) Marksmanship requirement shall be a minimum of sixty percent (60%) on
any silhouette target course approved by the board.

(d) Security officers shall have six (6) months to complete an additional
eight (8) hours of training under a certified trainer and as prescribed by the
board.

(3) Failure to complete the required training within the prescribed time
period shall preclude future consideration for a license or registration for a
period of one (1) year.

(4) (a) All armed security officers must complete an annual
retraining course of at least four (4) hours, which includes two (2) hours of
refresher courses on subjects previously specified, and at least two (2) hours
aggregate retraining in firearms instructions, to include minimum marksmanship
qualification of sixty percent (60%) on an approved silhouette target course
approved by the board.

(b) Upon a registrant's completion of any training required, the licensee
or employer, as the case may be, shall furnish to the board a written notice of
such completion signed by a certified trainer.

(5) All training required by this act shall be administered by a
certified trainer who:

(a) Is approved by the board;

(b) Meets the qualifications of an applicant as required by Section 7 of
this act; and

(c)
Has a minimum of three (3) years supervisory experience with a contract
security company, proprietary security organization, or with any federal,
state, parochial or municipal law enforcement agent.

(6)
This section shall be in force from and after July 1, 2009.

SECTION 16. An armed
security officer whose duties require the transporting of a firearm to and from
the work assignment and his residence, or between assignments, shall be
required to have in his possession a firearm permit issued by the State of
Mississippi.

SECTION 17. (1) The
board is authorized to charge each applicant a fee for a license to cover the
expenses of the board and the Department of Public Safety.

(2) All fees shall be paid by check or money order made payable to the
board.

(3) Any fees payable by a registrant under this act, or paid by a
licensee on the registrant's behalf, or any deposits which may be required by a
licensee from a registrant under this act, may be deducted from any wages
payable to the registrant by the licensee; provided that such deduction does
not reduce the hourly wage below the applicable minimum wage law.

SECTION 18. (1) A
license shall expire annually on the date of issuance unless renewed by payment
of the required renewal fee at least thirty (30) days prior to its
expiration. The board shall notify the licensee of the renewal at the
last known address at least sixty (60) days in advance of the expiration.
If a license is not renewed within six (6) months after its expiration date, it
shall be deemed to have lapsed and to be invalid. The delinquent private
security business shall apply again for initial licensure.

(2) The board shall issue the same number for the renewed license as that
number issued for the original license or shall deny renewal within thirty (30)
days. The board shall promptly notify the licensee if it refuses to renew
the license.

(3) The licensee, within fifteen (15) days after receipt of such notice
of intent to refuse to renew a license, may request a hearing on such
refusal. A licensee shall be permitted to continue to be engaged in the
contract security business while his renewal application is pending.

SECTION 19. A person
holding a license to engage in the private security business issued to him by a
proper authority of any state, territory or possession of the United States of
America, or the District of Columbia, which has licensing requirements
comparable to Mississippi, and who, in the opinion of the board, otherwise
meets the requirements of this act, upon application, may be licensed without
further examination.

SECTION 20. (1) The
board may refuse to issue or may suspend, revoke or impose probationary or
other restrictions on any license, certification or registration issued under
this act for good cause shown which shall include the following:

(a) Conviction of a felony or entry of a plea of guilty or nolo
contendere to a felony charge under the laws of the United States of America or
of any state;

(b) Deceit or perjury in obtaining any certificate or license issued
under this act;

(g) The refusal of the licensing authority of another state to issue or
renew a license, permit or certificate to practice in that state, or the
revocation or suspension of or other restriction imposed on a license, permit
or certificate issued by such licensing authority;

(h) Aiding or abetting a person to evade the provisions of this act or
knowingly combining or conspiring with an unlicensed person, or acting as an
agent, partner, associate or otherwise, of an unlicensed person with intent to
evade provisions of this act; and

(i) Violation of any provision of this act or any rules or regulations of
the board or rules of professional conduct promulgated by the board.

(2) The board, as a probationary condition or as a condition of the
reinstatement of any license suspended or revoked hereunder, may require the
holder to pay all costs of the board proceedings, including investigators',
stenographers' and attorneys' fees.

(3) Four (4) concurring votes of the board shall be required for the
revocation of any license. Four (4) concurring votes shall be required for
suspension of any license or the imposition of costs or fines in excess of Five
Hundred Dollars ($500.00).

(4) Any certificate or license suspended, revoked or otherwise restricted
by the board may be reinstated by majority vote of a quorum.

SECTION 21. (1)
(a) With the exception of sworn peace officers in police uniform, no
individual, while performing the duties of a security officer, shall wear or
display any badge, insignia, device, shield, patch or pattern which shall
indicate or tend to indicate that he is a sworn peace officer, or which
contains or includes the word "police," or the equivalent thereof, or
is similar in wording to any law enforcement agency in this state.

(b) A copy of such badges and insignias of the licensee shall be
submitted for approval to the board at the time of filing for initial and
renewable license application.

(2) No person, while performing any private security services, shall have
or utilize any vehicle or equipment displaying the words "police,"
"law enforcement officer," or the equivalent thereof, or any sign,
shield, marking, accessory or insignia that may indicate that such vehicle is a
vehicle of a public law enforcement agency.

(3) (a) The employer shall furnish security officer uniforms.

(b) All military or police-style uniforms, except for rainwear or other
foul weather clothing, shall have affixed over the left breast pocket, on the
outermost garment, and on all caps worn by such persons, badges or insignias
distinct in design from those utilized by law enforcement agencies within the
state, and approved by the board.

(c) Suppliers of uniforms shall be prohibited from the sale or rental of
uniforms, badges and insignia of a licensee or law enforcement agency without
appropriate certification from such licensees or agencies that the intended
purchaser is properly authorized to use those items.

(4)
An employer may require a reasonable deposit to secure the return of the
uniform, weapon or any equipment provided by the employer, provided that such
deduction does not reduce the hourly wage below the applicable minimum wage
law.

(5)
The provisions of this section shall not apply to any contract security
company that can document its use of potentially conflicting names, uniforms,
logos, materials, and badges continuously from January 1, 2006.

SECTION 22. (1) It
shall be unlawful for any person to knowingly commit any of the following acts:

(a) Provide contract security services without possessing a valid license
from and after January 1, 2008;

(b) Employ any individual to perform the duties of a security officer who
is not the holder of a valid registration or temporary registration card from
and after January 1, 2009;

(c) Publish any advertisement, letterhead, circular, statement or phrase
of any sort which suggests that the licensee is an official police agency or
any other agency, instrumentality, or division of this state or any of its
political subdivisions, or of the federal government;

(d) Issue any badge or shield not in conformance with Section 21 of this
act;

(e) Designate an individual as other than a security officer to
circumvent the requirements of this act;

(f) Knowingly make any false statement or material omission in any
application filed with the board;

(g) Falsely represent that a person is the holder of a valid license or
registration; or

(h) Violate any provision of this act or any rule or regulation of the
board.

(2) It shall be unlawful for any security officer to knowingly commit any
of the following:

(a) Provide security officer services or perform security officer
services without a valid registration card from and after January 1, 2009;

(b) Fail to return immediately on demand or within twenty-four (24) hours
of termination of employment a firearm issued by an employer;

(c) Carry a firearm in the performance of his duties without a valid
registration card;

(d) Fail to return immediately on demand or within seven (7) days of
termination of employment any uniform, badge or other item of equipment issued
to the security officer by an employer;

(e) Make any statement which would reasonably cause another person to
believe that the security officer functions as a sworn peace officer or other
official of this state, or of any of its political subdivisions, or any agency
of the federal government;

(f) Fail to comply with the regulations issued by the board, or with any
other requirements under the provisions of this act;

(g) Divulge to anyone, other than his employer, or to such persons as his
employer may direct, or as may be required by law, any information acquired
during such employment that may compromise the security of any premises or
assignment to which he shall have been assigned by such employer;

(h) Fail to return to the employer or the board a registration card as
required by the provisions of this act;

(i) Possess a license or registration card issued to another person;

(j) Use any uniform, badge or shield not in conformance with this act.

SECTION 23. (1) No
person shall engage in the business of providing private security officer services
except in accordance with this act and the rules and regulations adopted by the
board hereunder.

(2) Whoever willfully violates any provisions of this act shall be fined
not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00), or imprisoned for not less than ten (10) days nor more than five (5)
months, or both.

SECTION 24. (1) In
addition to or in lieu of the criminal penalties and administrative sanctions
provided in this act, the board is empowered to issue an order to any person or
firm engaged in any activity, conduct or practice constituting a violation of
any provision of this act, directing such person or firm to forthwith cease and
desist from such activity, conduct or practice. Such order shall be issued
in the name of the State of Mississippi, under the official seal of the board.

(2) If the person or firm to whom the board directs a cease and desist
order does not cease and desist the prohibited activity, conduct or practice
within three (3) working days from service of such cease and desist order by
certified mail, the board may seek, in any court of competent jurisdiction and
proper venue, a writ of injunction enjoining such person or firm from engaging
in any activity, conduct or practice prohibited by this act.

(3) (a) Upon a proper showing by the board that such person or firm
has engaged in any activity, conduct or practice prohibited by this act, the
court shall issue a temporary restraining order restraining the person or firm
from engaging in unlawful activity, conduct or practices pending the hearing on
a preliminary injunction, and in due course a permanent injunction shall be
issued after a hearing, commanding the cessation of the unlawful activity,
conduct or practices complained of, all without the necessity of the board
having to give bond as usually required in such cases.

(b) A temporary restraining order, preliminary injunction or permanent
injunction issued hereunder shall not be subject to being released upon bond.

SECTION 25. (1) This
act shall not prohibit one or more private security businesses from practicing
through a partnership, corporation or association.

(2) In any partnership, corporation or association whose primary activity
consists of private security services, at least one (1) partner or officer
shall be licensed.

SECTION 26. All fees
collected under the provisions of this act shall be paid into the State
Treasury on or before the twenty-fifth day of the month following their
collection in a special fund named the Mississippi State Board of Private
Security Examiners Fund. In addition, all other money made available for
use as provided in this act shall be credited to this fund. Any interest
accrued to the fund shall remain in the fund. At the end of a fiscal year
no money shall lapse into the General Fund but shall remain in the special fund
created by this section.

SECTION 27. The adoption
of any rule or regulation, guideline, substantive procedure or code of conduct
shall be subject to the provisions of the Administrative Procedure Act.

SECTION 28. (1) From
and after the effective date of this act, no governmental subdivision of this
state shall enact any legislation, code, or ordinance or promulgate any rules
or regulations relating to the licensing, training or regulations of contract
security companies other than the imposition of a bona fide business tax.

(2) Upon the effective date of
this act, any provisions of any legislation, code, or ordinance, or rules
promulgated by any local governmental subdivision of this state which relates
to licensing, training or regulation of contract security companies shall be
superseded by this act.

SECTION 29. (1) This
act shall not apply to a person or corporation which employs persons who do
private security work in connection with the affairs of such employer only and
who have an employer-employee relationship with such employer. Neither
such persons or corporations nor their employees shall be required to register
or be licensed under this act.

(2)
This act shall not apply to a peace officer employed by a state, county
or local law enforcement agency who contracts individually and directly with an
employer to work during his off-duty hours and whose off-duty employment is
conducted on an independent contractor basis.

(3)
This act shall not apply to guest services or crowd management employees
who do not perform the duties of a security officer.

SECTION 30. The board and/or executive director may at
their discretion suspend provisions of this act in areas affected by emergency
and/or disaster declarations to ensure the health, safety and welfare of the
public.

SECTION 31. Sections 1 through 30 of this act shall
stand repealed on July 1, 2011.

SECTION 32. This act shall take
effect and be in force from and after July 1, 2007.